Each party shall bear one half of
the arbitration fees and costs incurred, and each party is responsible for its own lawyer fees.
Each party shall bear one half of
the arbitration fees and costs incurred, and each party shall bear its own lawyer fees.
Not exact matches
In the event that you are able to demonstrate that the
costs of
Arbitration will be prohibitive as compared to the
costs of litigation, NBCUniversal will pay as much of your filing
and hearing
fees in connection with the
Arbitration as the Arbitrator deems necessary to prevent the
arbitration from being
cost - prohibitive, regardless of the outcome of the
Arbitration, unless the Arbitrator determines that your claim (s) were frivolous or asserted in bad faith;
If your claim is for less than $ 75,000, upon written request to the Notice Address prior to commencement of the
arbitration, HBO will advance the
arbitration filing
fee and arbitrator's
costs by direct payment to the appropriate entity.
If the
arbitration is decided in your favor - which occurs if there is an award to you that is greater than the value of HBO's last written settlement offer made before an arbitrator was selected - you will not be required to reimburse HBO for any of the
fees and costs advanced.
If the
arbitration proceeding is decided in HBO's favor, you shall reimburse HBO for the
fees and costs advanced to the extent available in a judicial proceeding.
Each party will bear the expense of the
fees and costs of that party's attorneys, experts, witnesses, documents and other expenses, regardless of which party prevails, for arbitration and any appeal (as permitted below), except that the arbitrator shall apply any applicable law (and the section of this Agreement entitled «Collection Costs») in determining whether a party should recover any or all fees and costs from another p
costs of that party's attorneys, experts, witnesses, documents
and other expenses, regardless of which party prevails, for
arbitration and any appeal (as permitted below), except that the arbitrator shall apply any applicable law (
and the section of this Agreement entitled «Collection
Costs») in determining whether a party should recover any or all fees and costs from another p
Costs») in determining whether a party should recover any or all
fees and costs from another p
costs from another party.
If we undertake collection or legal action to enforce our remedies or any
arbitration provisions under the terms of this Agreement, you agree to pay our attorney's
fees, expenses,
and litigation
costs to the extent permitted by law.
Given that this Agreement provides for mandatory mediation
and arbitration, if any party commences litigation in violation of this provision, such party shall reimburse the other parties to the litigation for the
costs and expenses, including attorneys»
fees, incurred in seeking to abate such litigation
and compel
arbitration.
It should discuss the details of your management
fee schedule, your written financial planning
fee schedule, ticket charges
and trading
costs,
arbitration, how you handle discretion, 12b - 1
fees,
and all of the legal details about how you bill
and do everything.
If any
arbitration or other proceeding is brought to enforce or interpret this Agreement or matters relating to it, the substantially prevailing party, as determined by the arbitrator's award, will be entitled to recover reasonable attorneys»
fees and other
costs and expenses incurred in such
arbitration or proceeding from the other party, in addition to any other relief to which such prevailing party is entitled; provided that in no event will the arbitrator have the authority to award punitive damages.
We specialize solely in the placement of litigation finance, Attorney
Fee Insurance and Adverse cost (fee - shifting insurance) to help manage litigation and arbitration ri
Fee Insurance
and Adverse
cost (
fee - shifting insurance) to help manage litigation and arbitration ri
fee - shifting insurance) to help manage litigation
and arbitration risk.
As the study itself explains, the
cost of the arbitrator's
fees and institutional
costs are only a small component of the overall
cost of bringing an
arbitration claim (approximately 20 % as cited in the study).
The agreement actually stated: «In addition to the Legal
Fee or the Court /
arbitration - ordered
Costs, you agree to pay all expenses, even if we can not settle your claim
and / or you lose at trial.»
Binding
arbitration has much higher filing
fees than ordinary court
and is usually faster than ordinary court, but litigation
costs for the parties tend to be similar to ordinary court.
That said, family lawyers are increasingly looking at ways to manage
and reduce
costs for family clients, including fixed
fees for procedural steps instead of hourly rates
and directing clients to methods of resolving disputes outside of the overburdened court process such as mediation, collaborative law
and arbitration.»
With respect to fairness, while those commentators accept that the actual
costs of the
arbitration paid for by the funder are potentially recoverable (cf. Kardassopoulos & Fuchs vs. The Republic of Georgia ICSID case no ARB / 05/18
and case no ARB / 07/15), they maintain that the uplift or success
fee «is neither a party's
cost, nor the damage suffered by the funded party... [but is] a result of a contract privy to the funder
and the funded party» (Henriques).
The
costs of the
arbitration fall into two categories: 1) the
costs associated with the arbitral process, namely the arbitrator's
fees and those of the administrative body, if any,
and 2) counsel
fees and the
costs of the preparation
and presentation of a party's case.
Attorney
Fee Insurance is a policy taken out by a plaintiff to provide coverage for the attorney
fees and / or out of pocket
costs they pay when pursuing a commercial dispute (litigation or
arbitration).
Upfront
fees payable to arbitral institutions
and the deposit for the tribunal's
costs are usually shared by the parties in international
arbitrations.
Many times mediation or
arbitration is most effective when there is a lawsuit on file,
and the insurance company wants to settle without incurring more
costs and defense attorney
fees.
2013) 718 F. 3d 1052 (the mere risk that plaintiff will face prohibitive
costs is too speculative to justify invalidating
arbitration agreement), on the ground that the
fee provision was not speculative
and there were other unconscionable terms.
For example: (a) subject to confirmation of appointment by the BVI IAC, parties are free to nominate an individual for appointment as arbitrator, whether or not that person is included in the BVI IAC's panel of arbitrators (article 7 (4)-RRB-; (b) the Secretariat has the power to change time periods under these Rules (e.g. articles 4 (1), 8 (2)(b), 9 (3)
and 41 (4)-RRB-; (c)
arbitrations can be brought to the BVI IAC under contracts
and other legal instruments (e.g., article 23 (1)-RRB-; (ix) provide that the responsibility for fixing
fees and expenses of the arbitral tribunal, the
costs of expert advice
and of other assistance required by the arbitral tribunal
and the administrative expenses of the BVI IAC lies with the Secretariat (article 42).
The term «
costs» includes only: (a) The
fees of the arbitral tribunal to be stated separately as to each arbitrator; (b) The reasonable travel
and other expenses incurred by the arbitrators; (c) The reasonable
costs of expert advice
and of other assistance required by the arbitral tribunal; (d) The reasonable travel
and other expenses of witnesses to the extent such expenses are approved by the arbitral tribunal; (e) The legal
and other
costs incurred by the parties in relation to the
arbitration to the extent that the arbitral tribunal determines that the amount of such
costs is reasonable; (f) The
fees and expenses of the Secretariat, including the
fees and expenses of the appointing authority.
Arbitral proceedings shall be deemed to commence on the date on which the notice of
arbitration is received by the Secretariat, subject to the BVI IAC's actual receipt of the registration
fee prescribed in the BVI IAC's Schedule of
fees and costs (the «registration
fee»).
The
arbitration fees clause between the parties stated: «The prevailing party in any
arbitration or litigation will be entitled to recover all attorneys»
fees (including if the firm is the prevailing party, the value of the time of all professionals in our firm who perform legal services in connection with the dispute, computed at their normal billing rates), all experts»
fees and expenses
and all
costs (whether or not these
costs would be recoverable under the California Code of Civil Procedure) that may be incurred in obtaining or collecting any judgment
and / or
arbitration award, in addition to any other relief to which that party may be entitled.»
It is the ideal tool for clients who wish to self - finance their lawyers
fees and / or out of pocket
costs,
and has the potential to fundamentally alter how Canadian corporate enterprises manage their litigation
and arbitration budgets going forward.
Any dispute between us relating to our representation of you, including, without limitation, claims for breach of contract, professional negligence, breach of fiduciary duty, misrepresentation, fraud
and disputes regarding attorney
fees and / or
costs charged shall be submitted to binding
arbitration through the Cincinnati Bar Association, upon the written request of one party after the service of that request on the other party.
Beyond choosing a litigation or
arbitration forum, parties can allocate
costs and fees, alter pleading standards, adjust evidentiary
and discovery rules,
and customize nearly every aspect of the adjudication process.
Accordingly, although, as in the case of litigation in England, recoverable
costs in ICC
arbitration can be very significant, as they include the
costs incurred by parties in presenting their cases such as legal
fees and expenses (whereas legal
fees and expenses are not normally recoverable in litigation in e.g. France, Japan or the United States), the Sealed Offer has been little used in ICC
arbitration until now.
(2) After the final Award has been made, the claim has been withdrawn, a settlement has been reached or the
arbitration has been abandoned, the Centre shall apply any deposits it holds to the
costs of the
arbitration, including any
arbitration tribunal
fees and disbursements, as well as administrative
fees and expenses.
In an ICC
arbitration these
costs would include not just R's share of the arbitrator (s)
fees and expenses
and the administrative expenses of the ICC but also the
costs incurred by R in presenting its case, such as lawyers»
fees and expenses, which typically constitute by far the largest amount of
arbitration costs.
(3) In the event the
arbitration tribunal awards
costs, it shall specify the amounts of the
fees and expenses so awarded or the method for the determination of those amounts.
Below are the mean
and median
costs of 56
arbitrations in which the arbitral tribunal was paid by hourly rate
and those of 6
arbitrations in which the arbitral tribunal was paid by reference to an ad valorem
fee scale.
In an award issued on May 3, 2018 the ICSID
arbitration tribunal rejected all claims brought against Kosovo
and ordered the claimant to pay more than $ 2 million to Kosovo for
fees and costs incurred by Kosovo in defending against the claim.
You
and we will pay the administrative
and arbitrator's
fees and other
costs in accordance with the applicable
arbitration rules; but if applicable
arbitration rules or laws require Gigaom to pay a greater portion or all of such
fees and costs in order for this Section 13 to be enforceable, then Gigaom will have the right to elect to pay the
fees and costs and proceed to
arbitration.
TopResume will pay all
arbitration filing
fees and the arbitrator's
costs and expenses upon your written request given prior to the commencement of the
arbitration.
You are responsible for all additional
fees and costs that you incur in the
arbitration, including, but not limited to, attorneys»
fees or expert witness
fees and expenses.
The Prevailing Party also sought reimbursement of its
costs and attorney's
fees for bringing the action to confirm the
arbitration award.
a) Owner shall indemnify Broker
and hold Broker harmless from losses, damages,
costs and expenses of any nature, including attorney's
fees and from liability to any person, that Broker incurs because of (1) Owner's negligence, representations, misrepresentations, actions or inactions, (2) the use of a lock box, (3) the existence of undisclosed material facts about the Property, or (4) a court or
arbitration decision that a broker who was not compensated in connection with a transaction is entitled to compensation from Broker.